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On Cultural Diversity: the Importance of Normative Foundations for Legal Responses

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Chapter Summary

This chapter considers the way in which lawyers in Britain respond to and try to resolve questions related to cultural diversity. In particular it focuses upon how their approach differs from that adopted by political philosophers. The chapter demonstrates that the dominant approach in law, the rights-based approach, skips a vital, normative, step which has a significant impact on the role of the pursuit of justice in legal responses to cultural diversity. The claim that it endeavors to justify is that the challenge of cultural diversity in Britain has a salience in legal realms that goes deeper than just raising questions of rights. The chapter explains the importance of culture, and explains why we need our own cultures, as opposed to being satisfied with leading a life that involves the culture of the host society.

Keywords: Britian; cultural diversity; host society; legal responses; political philosophers



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